Visa extension expiry date problem

[traces95]

I have a problem:

I am a US citizen married to a Canadian citizen living in Quebec. I was issued my first visa for six months which expired Jan 21, 2016. I applied for an extension while on implied visitor status and waited for notification from CIC. I was approved for this visa extension on April 12, 2016 with a condition that I "Must leave Canada by April 19, 2016"...just one week later!?! I did not notice this date because when I received the approval letter I assumed it was for six months.

It makes no sense to me why I would be approved for a visa extension with an expiry date of one week after date of issuance. I have to believe this is a typographical error on the part of immigration as I was expecting to be approved for a six month extension which would expire on July 21, 2016.

Thoughts please?

 

[bellaluna]

Take it literally, and do not assume it is a typographical error, would be the safest bet.

Are you still in Canada right now?

 

[traces95]

Yes, in Canada now. Will call CIC tomorrow.

 

[canuck_in_uk]

I am a US citizen married to a Canadian citizen living in Quebec. I was issued my first visa for six months which expired Jan 21, 2016. I applied for an extension while on implied visitor status and waited for notification from CIC. I was approved for this visa extension on April 12, 2016 with a condition that I "Must leave Canada by April 19, 2016"...just one week later!?! I did not notice this date because when I received the approval letter I assumed it was for six months.

It makes no sense to me why I would be approved for a visa extension with an expiry date of one week after date of issuance. I have to believe this is a typographical error on the part of immigration as I was expecting to be approved for a six month extension which would expire on July 21, 2016.

Extensions can be issued for any length of time; 6 months is never a guarantee. It was your responsibility to check the expiry of your status.

You are currently in Canada illegally and well beyond the time in which you could have restored your status.

Have you submitted a sponsorship application?

 

[traces95]

I understand it was my responsibility...thanks. Just didn't expect an approval of one week...absurd.

I was going to send in my application this week but can't until I get this status thing figured out.

Called CIC and am told I have to leave the country and try to reenter, explaining my situation. So lame. Will be contacting a lawyer.

 

[canuck_in_uk]

I was going to send in my application this week but can't until I get this status thing figured out.

Called CIC and am told I have to leave the country and try to reenter, explaining my situation. So lame. Will be contacting a lawyer.

There is no need to wait to sort out your status. You can apply for PR without status. As an American, you should only be submitting an OUTLAND application. If you end up having to leave Canada, there will be no risk to the app.

A lawyer can't do anything for you and would simply be a waste of money. IRCC was completely within their right to issue you a short extension. No law has been broken.

I suggest you submit an outland app ASAP. Once that is done, you can either choose to remain in Canada illegally hoping you aren't detected, throw yourself at the mercy of CBSA by flagpoling at the border or take a trip home and return.

 

[traces95]

Thanks, but I question your advice. As long as I have a valid status while in Canada, I am required to fill out the app titled "Spouse or common-law partner in Canada." If I was out of Canada I would fill out the "out of Canada" forms. The document checklist states that my package must include an "Indication of status in Canada." I don't think it wise to turn in a PR application showing that I have broken the visa law, though inadvertently.

I am not suggesting CIC has done anything illegal. A one-week approval just doesn't make much sense. Its essentially a refusal and a week to get out. It does appear that I failed to turn in a "Letter of Explanation". It says "required" yet also says "if you'd like to add anything....". Perhaps they wanted an explanation of my reason for the request and I failed to provide one. You'd think they would let me know about this. I goofed that one up.

 

[canuck_in_uk]

Thanks, but I question your advice. As long as I have a valid status while in Canada, I am required to fill out the app titled "Spouse or common-law partner in Canada." If I was out of Canada I would fill out the "out of Canada" forms. The document checklist states that my package must include an "Indication of status in Canada." I don't think it wise to turn in a PR application showing that I have broken the visa law, though inadvertently.

Incorrect. There is absolutely nothing illegal about applying outland while in Canada. It is the preferred method. You can use your Canadian address in the app. Many thousands of people in Canada as visitors, students, workers or even illegally apply outland.

You will not find a single person on this forum who will advise an American to apply inland. It would be a big mistake.

 

[traces95]

How would it be a big mistake if that is CIC's direction? An American who is a temporary resident living with his Canadian spouse in Canada...IS INLAND. I don't understand. Can you elaborate?

Also, there is no difference between going to the border to resolve this and leaving the country and explaining it to the customs agent at the airport upon reentry, is there?

 

[canuck_in_uk]

How would it be a big mistake if that is CIC's direction? An American who is a temporary resident living with his Canadian spouse in Canada...IS INLAND. I don't understand. Can you elaborate?

Also, there is no difference between going to the border to resolve this and leaving the country and explaining it to the customs agent at the airport upon reentry, is there?

Inland can take up to 2 years or more and you are advised not to leave Canada at all. Outland for Americans takes about 6 months or even less, and there is no risk to the app if you leave Canada.

It is not really CIC's direction. In fact, the inland guide tells people they can apply outland for faster processing times:

Processing times for spouses or common‑law partners in Canada are generally longer.

The person being sponsored can apply to a visa office outside Canada to take advantage of the family class processing standard. Processing times for applications processed in Canada are posted online.


If you actually leave Canada and are out of the country for a time, there's a good chance when you re-enter that the border officer won't even notice or question you about the previous overstay, especially if you have proof that you have submitted a sponsorship app. If you flagpole, the border officer will definitely know that you are here illegally; you would just have to hope that she or he is nice and lets you back in.

 

[traces95]

If I were to leave the country now, would I want the US to stamp my passport? It would show I left late. But if I don't have it stamped then there is no record of me leaving. Can you enlighten me on this?

How long would I need to me out of Canada in order to come back in?

How does leaving then flying back in affect my status? When asked by the airport customs agent why I am in Canada, do I tell him that I am visiting my wife? Would I have to explain the whole ordeal?

If I apply for PR as outland, can I still come and go across the border or do I need to stay put in Canada.

Thanks

 

[canuck_in_uk]

If I were to leave the country now, would I want the US to stamp my passport? It would show I left late. But if I don't have it stamped then there is no record of me leaving. Can you enlighten me on this?

How long would I need to me out of Canada in order to come back in?

How does leaving then flying back in affect my status? When asked by the airport customs agent why I am in Canada, do I tell him that I am visiting my wife? Would I have to explain the whole ordeal?

If I apply for PR as outland, can I still come and go across the border or do I need to stay put in Canada.

Does the US even stamp passports of US citizens?

There is no set amount of time. I'd say at least a few weeks. Get your PR app submitted before you return.

Visitor status resets when a person leaves the country. When asked, you would just say that you are visiting your wife while waiting for PR; make sure to have proof of the PR app and proof of finances. Answer questions that are asked but don't volunteer extra information.

You can "come and go" at the leisure of CBSA. There is no need to remain in Canada with an outland app.


For any questions about the PR app, I suggest you move over to the Family Class section of the forum. There is an Ottawa thread there, as well as a several threads for people who are also out of status. Forum member Loveactually, an American who was out of status in Canada for several years, just got PR in about 4 months or so.

 

[traces95]

Thank you very much for your assistance.

One last question: You say my visitor status clears when I leave the country. How long may I stay when reentering Canada? Is it an automatic six months for visitors or should I expect the airport agent to give me a visa telling me when to leave?

 

[canuck_in_uk]

Thank you very much for your assistance.

One last question: You say my visitor status clears when I leave the country. How long may I stay when reentering Canada? Is it an automatic six months for visitors or should I expect the airport agent to give me a visa telling me when to leave?

Totally up to the CBSA officer at entry. Most likely, you would get the standard 6 months.